USA Regulatory News

On December 21, 2023, the U.S. Environmental Protection Agency (EPA) released the much-anticipated 2023 Mercury Inventory Report, an important document that sheds light on the supply, use, and trade o...

On December 21, 2023, the U.S. Environmental Protection Agency (EPA) released the much-anticipated 2023 Mercury Inventory Report, an important document that sheds light on the supply, use, and trade of mercury in the United States. This is the second inventory report since the finalization of the 2018 Mercury Inventory Reporting Rule, reinforcing the nation's commitment to managing elemental mercury and mercury compounds as outlined in the 2016 amendments to the Toxic Substances Control Act (TSCA).

The 2023 report, a significant milestone, captures data effective from January 1, 2020, enforcing the 2016 TSCA amendment that bans the export of five mercury compounds. This information not only aids the United States in implementing the Minamata Convention on Mercury but also contributes to the global effort to protect human health and the environment from the adverse effects of mercury exposure.

Mercury, known to cause kidney damage, respiratory failure, and other severe health effects, poses a significant threat. The report highlights the importance of monitoring and regulating its supply, use, and trade. Mercury, being non-biodegradable, has the potential to accumulate in the environment over time.

Key highlights of the 2023 Mercury Inventory Report include:

1. Inactive Mercury Compounds: Thirty-one mercury compounds are now listed as "inactive" under the Chemical Substance Inventory since the 2020 report.
2. Decrease in Mercury Use: An overall decrease of approximately 13% in the use of mercury in the domestic manufacture, sale, and export of mercury-added products, signaling a shift toward effective alternatives.
3. Sector-specific Reductions: Notable reductions include a 20% decrease in mercury used for products like switches, relays, sensors, and valves, as well as a significant 56% decrease in the use of dental amalgam.
4. Low Totals in Specific Products: Mercury in domestically manufactured and imported batteries, measuring devices, and other miscellaneous products is reported to be less than 0.1 metric tons.

This comprehensive report contributes to the ongoing efforts to implement the Minamata Convention, addressing anthropogenic emissions and releases of mercury globally.

Background:

EPA's commitment to monitoring mercury dates back to March 2017 when the initial inventory report was published. Subsequent actions include the 2018 final rule, establishing reporting requirements for triennial inventories. The data comes directly from companies that manufacture, import, or use mercury, providing more reliable and complete information.

The 2023 Mercury Inventory Report builds on the foundation laid by its predecessor, the 2020 Report, which incorporated contextual reporting requirements resulting in more extensive information on the industries that purchased mercury-added products, the countries of origin and destination for imports and exports, and the specific ways that mercury was used in certain manufacturing processes. Late submissions and additional data were incorporated into the 2023 report, reflecting EPA's dedication to transparency and accuracy.

In November 2021, a final rule eliminated the exemption for persons importing pre-assembled products containing a mercury-added component, reinforcing EPA's commitment to refining regulations based on court orders.

The release of the 2023 Mercury Inventory Report highlights EPA‘s continued efforts to protect public health and the environment by closely monitoring and regulating the use of mercury in the United States.

On December 14, 2023, the U.S. Environmental Protection Agency (EPA) announced that it will prioritize five toxic chemicals for risk evaluation under the Toxic Substances Control Act (TSCA), with risk...

On December 14, 2023, the U.S. Environmental Protection Agency (EPA) announced that it will prioritize five toxic chemicals for risk evaluation under the Toxic Substances Control Act (TSCA), with risk evaluations initiated if the chemicals are designated as High Priority Substances within the 12-month statutory process. 

EPA intends to prioritize the following five chemicals under the Toxic Substances Control Act (TSCA).  

• Acetaldehyde (CAS RN 75-07-0), 

• Acrylonitrile (CAS RN 107-13-1), 

• Benzenamine (CAS RN 62-53-3), 

• 4,4’-Methylene bis(2-chloroaniline) (MBOCA) (CAS RN 101-14-4) 

• Vinyl Chloride (CAS RN 75-01-4). 

EPA plans to prioritize five chemicals each year, establishing a consistent pace for risk assessments. This is the first step towards regulating existing chemicals, assessing if health and environmental protection is needed. It also serves environmental justice by addressing the effects of toxic chemicals on workers, consumers, and communities. If a chemical poses an unacceptable risk, EPA must immediately initiate a risk management process to eliminate those risks. 

Details on the five substances 

Acetaldehyde, a probable human carcinogen is used primarily in the manufacture and processing of petrochemicals, adhesives, and other chemicals. Acetaldehyde may cause various health problems, including respiratory system irritation. 

Acrylonitrile, a probable human carcinogen, has adverse health effects, including respiratory system irritation. It is also used in the production and processing of various chemicals, including plastic materials, paints, and petrochemicals. 

Benzenamine, a probable human carcinogen, is used in the manufacture and handling of petrochemicals, resins, polymers, dyes, and pigments. Exposure to benzenamine can lead to various health problems, including adverse effects on blood, fetal development, and reproduction. 

MBOCA, is a probable human carcinogen. It is used in the manufacture and handling of resins, plastics, rubbers, and other chemicals. Extensive data indicate that exposure to MBOCA can damage genetic material in cells, potentially leading to adverse health effects, especially in infants and children. 

Vinyl chloride, a chemical used in the manufacture and processing of plastic materials like PVC and plastic resins, has been linked to various health problems, including liver poisoning.  It is also a known human carcinogen. In the 1970s, concerns raised by EPA and the White House Council on Environmental Quality led to the enactment of the "original" TSCA in 1976, which mandates the safe manufacture and use of chemicals and addresses the adverse health effects of vinyl chloride. 

Selection process 

EPA selected the five chemicals from the 2014 TSCA Work Plan for further assessment based on their hazards and exposure potential.  

The selection process considered factors such as their use, potential impact on overburdened communities, known hazards, and available information. EPA met with federal partners, industry, environmental organizations, labor organizations, state and local governments, and tribes to discuss the prioritization process. Following the Federal Register notice, EPA will open a public comment period and request further information on uses and potential risks of these chemicals.  

EPA expects to designate these chemicals as high priority for risk evaluation but will continue to review and consider information to make a final designation. The process will include assessing of the hazard and exposure potential, environmental effects, potential exposure, storage near drinking water sources, and chemical usage. 

In a significant development on December 14, 2023, the U.S. Environmental Protection Agency (EPA) released its draft risk evaluation for Tris(2-chloroethyl) phosphate (TCEP), a flame retardant widely ...

In a significant development on December 14, 2023, the U.S. Environmental Protection Agency (EPA) released its draft risk evaluation for Tris(2-chloroethyl) phosphate (TCEP), a flame retardant widely used in paints, coatings, textiles, and aerospace applications. This is a crucial step under the Toxic Substances Control Act (TSCA) and opens the door for public comment.

Unprecedented Findings: Unreasonable Risks to Health and Environment

EPA's draft risk evaluation, based on the latest scientific evidence, has preliminarily found that TCEP poses unreasonable risks to both human health and the environment. This finding comes as the first among the 20 High-Priority Substances prioritized in 2019. EPA's improved risk evaluation process includes a thorough assessment of potential exposure risks to sensitive subpopulations such as workers, children, and subsistence fishers.

TCEP Background: A Chemical with Lingering Threats

TCEP, which has a long history of use in various industries, has been linked to serious health effects, including kidney cancer, reproductive issues, neurological disorders, developmental challenges, and kidney-related effects. Despite a substantial reduction in U.S. production since 2014, TCEP still finds application in certain paints, coatings, and aerospace products. Importantly, its non-chemical binding to materials allows it to leach into the environment, raising concerns about water, sediment, soil, and air contamination.

Worker Risks and Consumer Exposure

For workers, the EPA assessment identified unreasonable risks from both inhalation and dermal exposure, even without assuming universal and proper use of Personal Protective Equipment (PPE). Consumer exposure, particularly through inhalation and ingestion, reveals risks associated with TCEP leaching from textiles and products into indoor air. Children may be at increased risk if they are frequently exposed to TCEP-containing materials.

Environmental Impact: Fish, Water, and Subsistence Fishers at Risk

The presence of TCEPs in water can lead to its accumulation in fish, posing unreasonable risks to those who consume them. Subsistence fishers and tribal populations, who rely heavily on fish for food and cultural practices, face elevated risk. EPA's evaluation also includes environmental impact on aquatic organisms chronically exposed to TCEP through surface water and sediment.

Call for Action: Public Comment and Peer Review

EPA's draft risk evaluation is now open for public comment until January 5, 2024. Interested parties can participate via the docket EPA-HQ-OPPT-2023-0265 on www.regulations.gov. Additionally, a virtual preparatory meeting on March 5, 2024, will precede the letter peer review by independent scientific experts that will start on March 13, 2024. The Agency encourages the submission of specific exposure information to help refine the risk estimates for the final evaluation.

Next Steps

Should EPA conclude in the final risk evaluation that TCEP poses unreasonable risks, the Agency is committed to taking swift action. This includes the development of risk mitigation options to safeguard both human health and the environment.

The U.S. Environmental Protection Agency (EPA) has initiated the registration review process by releasing a draft biological evaluation (BE) for 11 rodenticides that will assess their effects on speci...

The U.S. Environmental Protection Agency (EPA) has initiated the registration review process by releasing a draft biological evaluation (BE) for 11 rodenticides that will assess their effects on species and critical habitats protected under the Endangered Species Act (ESA). The 60-day public comment period is now open and comments will be accepted until January 29, 2024.

Substances covered:

The 11 rodenticides covered by the draft biological evaluations are:

• First generation anticoagulants (FGARs):
  • Warfarin
  • Chlorophacinone
  • Diphacinone
• Second generation anticoagulants (SGARs):
  • Brodifacoum
  • Bromadiolone
  • Difenacoum
  • Difethialone
• Non-anticoagulant rodenticides:
  • Bromethalin
  • Cholecalciferol
  • Strychnine
  • Zinc phosphide

ESA Requirements:

The Endangered Species Act (ESA) requires federal agencies, including EPA to protect species listed as threatened or endangered and protect their designated critical habitats. The registration review process which falls under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), constitutes an EPA "action" under the ESA.

Consultation Process:

Should EPA determine that a pesticide may impact listed species or their designated critical habitat, formal consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service (collectively referred to as the Services) must be initiated.

Settlement Agreement Deadline:

A settlement agreement sets a deadline of November 2024 for EPA to finalize nationwide consultation effects determinations for the active ingredients brodifacoum, bromadiolone, warfarin and its sodium salt, and zinc phosphide. The agreement also empowers EPA to make effects determinations and consult, as needed, on additional rodenticide active ingredients under review.

Findings:

The preliminary assessment indicates that these rodenticides could adversely impact 1% to 8% of all listed species (9 to 136 ESA-protected species) and 4% of habitats (38 critical habitats). Adverse effects include potential harm or mortality to at least one individual of a protected species.

However, the Agency predicts that less than 5% of listed species and 1% of critical habitats may be at risk in the future from current pesticide use.

To address concerns, the draft Biological Evaluation (BE) suggests maintaining existing mitigation measures from the previous year and a pilot program. Additionally, the draft proposes modifications to earlier recommendations and introduces new actions, such as restricting the placement of bait station near structures, prohibiting direct application to water, and avoiding usage in areas or at times when secondary predatory species might be exposed.

Further actions include mandatory carcass searches for second-generation anticoagulant (SGAR) applications, monitoring burrow holes after field applications, and updating registration conditions to include a clause for notification to EPA if additional measures are deemed necessary.

The final BE and associated opinions will assist EPA in identifying potential use restrictions or any additional requirements for pesticide registration or labelling that may be essential to protect listed species and their habitats.

In a significant move to protect public health, the U.S. Environmental Protection Agency (EPA) issued orders on December 1, 2023, directing Inhance Technologies LLC (Inhance) to cease the production o...

In a significant move to protect public health, the U.S. Environmental Protection Agency (EPA) issued orders on December 1, 2023, directing Inhance Technologies LLC (Inhance) to cease the production of per- and polyfluoroalkyl substances (PFAS). These chemicals, which are integral to the manufacture of fluorinated high-density polyethylene (HDPE) plastic containers, have been identified as posing health risks by leaching into various consumer, industrial, and agricultural products.

PFAS

Known for their persistence in the environment and in the human body, PFAS accumulate over time, contributing to long-term health risks even at low exposure levels. Studies, including those by the Centers for Disease Control, reveal that nearly all individuals tested already have traces of PFAS in their blood. The substances can enter the human body through drinking water, consumption of contaminated fish, and exposure to PFAS-contaminated groundwater.

HISTORY

The Environmental Protection Agency (EPA) is intensifying efforts to address per- and polyfluoroalkyl substance (PFAS) contamination following a series of incidents. In 2019, Easton, Massachusetts, struggled with perfluorooctanoic acid (PFOA) contamination in its drinking water, which was traced back to a mosquitocide. EPA investigations revealed that the PFAS in the mosquitocide originated from fluorinated high-density polyethylene (HDPE) plastic containers manufactured by Inhance. These containers, when fluorinated, release various PFAS, including PFOA, which can migrate into liquid products like pesticides.

The regulatory process gained momentum in March 2022 when EPA issued a Notice of Violation to Inhance, for failing to disclose its PFAS manufacturing activities. With a single company historically producing up to 200 million containers annually, EPA recognized the substantial risk to drinking water supplies. Legal action ensued forcing the company to submit, albeit belatedly, significant new use notices (SNUNs) for the nine PFAS it produces.

The release of just 2.2 Kg of the nine PFAS could contaminate vast quantities of water, surpassing the proposed maximum contaminant level of 4 parts per trillion for PFOA in drinking water. Consequently EPA, under the Toxic Substances Control Act (TSCA), is prohibiting the continued manufacture of three highly toxic PFAS—PFOA, perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA)— which are produced during the fluorination of HDPE. For the remaining six PFAS (PFuDA, PFDoA, PFTrDA, PFTeDA, PFHxDA, and PFODA), EPA mandates Inhance to cease production and conduct additional testing before potential restart, acknowledging the inherent risks to health and the environment.

WAY FORWARD

Starting February 28, 2024, EPA's recent orders emphasize its commitment to addressing PFAS-related risks. The regulatory action not only signals EPA's dedication to mitigating the risks of PFAS exposure but also highlights the Agency's commitment to protecting public health and the environment from the harmful effects of persistent chemical contaminants. Importantly, alternative processes to the current fluorination method offer industries the opportunity to meet product packaging standards without compromising public safety.

In a recent development, the U.S. Food and Drug Administration (FDA) has announced a six-month extension of the enforcement deadline for cosmetic product facility registration and product listing requ...

In a recent development, the U.S. Food and Drug Administration (FDA) has announced a six-month extension of the enforcement deadline for cosmetic product facility registration and product listing requirements under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The previous deadline of December 29, 2023, has been pushed back to July 1, 2024, providing the cosmetics industry with additional time to comply with these regulatory obligations.

This decision comes in the wake of the FDA's commitment to facilitating a smooth transition for industry stakeholders in complying with the new regulatory landscape mandated by MoCRA. The Agency recognizes the importance of ensuring that cosmetic manufacturers and processors have adequate time to submit facility registration and product listing information.

Background and Timeline:

1. Suspension of Voluntary Cosmetic Registration Program (VCRP): In March 2023, the FDA announced the suspension of submissions to the Voluntary Cosmetic Registration Program (VCRP) due to the imminent implementation of the facility registration and product listing authorities mandated by MoCRA.
2. Draft Guidance on Cosmetic Product Regulations: By August 2023, the FDA issued draft guidance on cosmetic product facility registration and product listing, aligning with the requirements set forth by MoCRA. This draft, once finalized, will offer crucial recommendations and instructions for individuals submitting cosmetic product facility registrations and product listings to the FDA.
3. Introduction of Electronic Submission Portal: In September 2023, the FDA introduced an opportunity for public comment on its newly developed draft electronic submission portal named "Cosmetics Direct," along with the paper forms (Forms FDA 5066 and 5067). Emphasizing the importance of electronic submissions for efficiency, the Agency anticipates the availability of electronic submission options and supporting documentation in early December 2023.

Details of the Delayed Enforcement:

The FDA's decision to delay enforcement aims to provide regulated industries with the necessary time to comply with MoCRA's new authorities, which include facility registration and product listing requirements. Specifically, the delay extends to July 1, 2024, for both the statutory deadline of December 29, 2023, and specific registration and listing requirements.

This extension also includes a grace period for owners or operators of facilities that commenced manufacturing or processing a cosmetic product after December 29, 2022, and for cosmetic products first marketed after that date.

MoCRA Authorities and Exemptions:

Cosmetic product manufacturers and processors are required to register their facilities, update information promptly, and renew registrations every two years. Responsible persons, such as manufacturers, packers, or distributors, must list each cosmetic product marketed, including ingredients, and provide annual updates.

Exemptions are granted to certain small businesses. However, such exemptions do not apply to facilities that manufacture or process, or to responsible persons for, the following cosmetic products:

• Products that regularly come into contact with the mucus membranes of the eye under customary or usual conditions of use.
• Products that are injected.
• Products that are intended for internal use.
• Products that are intended to alter appearance for more than 24 hours under customary or usual conditions of use and removal by the consumer is not part of such conditions of use. 

Exemptions also exist for certain products and facilities that are subject to requirements for drugs and devices.

As the FDA extends the MoCRA implementation deadline, industry stakeholders are encouraged to take advantage of the additional time granted to ensure a seamless transition to compliance with the new regulations.

On November 20, 2023, the U.S. Environmental Protection Agency (EPA) unveiled a proposed rule designed to enhance protection against two toxic chemicals—decabromodiphenyl ether (decaBDE) and phenol,...

On November 20, 2023, the U.S. Environmental Protection Agency (EPA) unveiled a proposed rule designed to enhance protection against two toxic chemicals—decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)). These persistent, bioaccumulative, and toxic (PBT) chemicals, previously subject to risk management provisions under the Toxic Substances Control Act (TSCA), are now the focus of enhanced workplace safety measures and water release restrictions.

The proposed rule aims to protect workers, communities, and critical industries such as nuclear energy, transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production.

The 2021 Rule

In response to TSCA, EPA moved quickly to address five PBT chemicals to protect human health and the environment, finalizing risk management rules in January 2021. In February, a review was initiated to ensure adherence to science and law, considering feedback from manufacturers who anticipated compliance challenges. In March, prompted by Biden-Harris Administration directives, EPA sought public input on the PBT rules, leading to proposed amendments for two of the five chemicals. Notably, the regulations for the remaining three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD) and pentachlorothiophenol (PCTP)) remain unchanged.

Details of the proposed rule

Under the proposed rule, EPA is targeting two specific PBT chemicals:

DecaBDE: A flame retardant widely used in nuclear power and aerospace applications, decaBDE has been linked to adverse health effects. EPA's 2021 rule prohibited its manufacture, processing, and distribution, with exceptions. The new proposal introduces further measures by requiring personal protective equipment (PPE) for specific decaBDE activities, prohibiting water releases during production, and extending the compliance date for certain applications crucial for nuclear facilities.

PIP (3:1): This versatile chemical found in hydraulic fluids, coatings, electronics, and various industries poses risks to aquatic life and human health. The proposed rule extends compliance dates for certain applications, introduces worker protections, and outlines a phase-out approach for certain uses of PIP (3:1). EPA will host a public webinar to provide an overview of the proposed rule, with a 45-day comment period after publication.

The proposed measures will strengthen protection against these hazardous chemicals while ensuring that essential uses can continue safely.

For more details and to provide public comments, visit www.regulations.gov (Docket: EPA-HQ-OPPT-2023-0376).